Basic justice

Author: Huang Shi Yong / Country:
Publisher:
Publish Date: 2006-07-01
Features: How to Be a Judge
Because of social division of labor and the need for national stability, the profession of judges emerged. It is a special occupation, so the state and the people have bestowed upon judges a special duty and power, making it not just an honor in life, but also a title that signifies a special requirement and a heavy responsibility. How should we be judges?
First and foremost, a judge must be an elder. Elderly implies a high level of moral integrity and demeanor. Therefore, being a judge is not a profession for the young; judges do not need youthful passion or impulsiveness. "A judge cannot be a young man with a 'beard not yet grown' or 'fresh from infancy.'" Of course, being a judge is not merely about age. It also signifies a higher stage of life. Confucius said, "At thirty, one is established; at forty, one is free from doubt; at fifty, one knows the Mandate of Heaven; at sixty, one is resigned to what is said; at seventy, one follows one's heart without transgressing." This is a basic summary of the different stages and levels of life. A normal life, after years of hardship, reaches different levels of moral cultivation. Therefore, an elder signifies noble character and good conduct. When one reaches this level of cultivation, they possess the demeanor of an elder, able to always uphold professional conscience, unswayed by money, not tempted by beauty, and not intimidated by power.
An elder also signifies experience and wisdom. The special profession of judges does not merely require simply applying laws to judge right and wrong. Judges need life experience. Rich life experience not only cultivates a transcendent perspective but also accumulates the experience necessary for the profession, allowing them to understand the warmth of life and the principles of the world. Life and death, giving and taking—judges do not stand on just one side or blindly follow one opinion. They will not stubbornly cling to personal biases. Right and wrong, love and hatred, judges understand it all. Therefore, without experience and wisdom, one cannot be a judge.
An elder also signifies qualification and prestige. The title "judge" is a term borrowed from the West. In noble Western addresses, we hear "Mr. President," "Mr. Congressman," but no one would call a president or a congressman "your excellency." The title "your excellency" is reserved only for judges, hence "judge your excellency." Why can judges judge right and wrong, and why do the parties in a dispute trust judges? Because judges are your excellencies. When children argue at home, parents, your excellency, mediate. When disputes arise in social life, judges, your excellency, make decisions. Therefore, only your excellency, and only your excellency, has the qualification to stand in a neutral position and judge right and wrong justly.
A judge must also be a wise person. The sanctity and dignity of the judicial profession determine that not just anyone can be a judge. Those who can become elites and wise people are, after all, the rarest of the rare. Thus, there are extremely strict qualifications for judges, which, to the greatest extent, leave most who try to enter this field with nothing but dreams. And these qualifications have also created only a few wise people and elites who can become judges.
The power of a judge is so important. A single judgment can determine a person's life or death, the rise or fall of a family, or the survival or demise of a company. Great issues and complex matters constantly test this profession—not just moral tests, tests of knowledge and ability, but also tests of will and perseverance. Without wisdom, without being a wise person, who would dare to make such decisions? Because they are wise, they can view problems, analyze them, and solve them from a wise perspective. Therefore, sometimes a judge's rulings may seem incomprehensible to ordinary people. This is the difference between wise people and ordinary people.
Because of this, presidents can be elected, congressmen can be elected, but judges cannot be elected. The profession of judges can only inspire respect for the law, not satisfaction from people—or even the majority. A judge is wise because their rulings must look to the future, grounded in the spirit of the rule of law, considering the long-term interests of a nation. Thus, one case after another can withstand the test of time.
We all know Chief Justice Marshall, the greatest judge in American history. His greatness lies in his foresight. In the case of Marbury v. Madison, a common citizen suing the then Secretary of State Madison (the "prime minister" of the time), in the early days of the United States, when judicial power was still relatively weak, Marshall, with the wisdom and courage of a wise person, not only upheld the dignity of the law but also resolved the dispute properly. Through this landmark ruling, Marshall pioneered judicial independence in the United States, firmly establishing the unshakable position of the judiciary in the country's power structure.
The foresight and wisdom of a wise person are not for personal gain. They stand at the height of national, overall, and long-term interests, making rational and wise choices. Let us look at the ruling of Chief Justice Marshall in this landmark case, which shines with the light of wisdom:
"It must be emphasized that determining what is legal is within the jurisdiction of the judiciary."
In just twenty words, this ruling clearly expresses the following ideas: First, as an administrative organ of the government, it can only act within the scope of the constitution and laws. If it exceeds the law or even breaks the law, then the court and judges have the right to impose sanctions on the administrative organ through judicial means. Second, interpreting the law is the duty of the judiciary. As a legislative body, it must make laws in accordance with the constitution. Otherwise, the court and judges have the right to declare the legislative body unconstitutional.
Through this landmark ruling, the U.S. Federal Court was granted the powers of "judicial review" and "constitutional interpretation," thereby practically establishing the firm position of judicial power in the "three branches of government" in the United States. This is not for the personal interests of Chief Justice Marshall. Its profound significance lies in putting the separation of powers and checks and balances into practice, thus laying the foundation for preventing power abuse in the future United States.
Two hundred and twenty years of practice have proven that in the United States, power abuse is rare. It is precisely this kind of institutional arrangement that has allowed the United States to maintain national stability and sustained prosperity. Therefore, the great contribution of a wise person can only be truly reflected and recognized when placed in the long river of historical development.
At the end of the day, a judge is a justice who combines the qualities of an elder and a wise person. When we truly understand what a judge is, we understand how to be a judge.
Reprinted from Fujian Adjudication (2005, Issue 5), pp. 22-25